Can you provide details on the 6 litigation cases where the franchisor was defendant, including the nature of claims, outcomes, and whether any resulted in settlements or judgments?
#1
What is the status of the 1 pending litigation case and what are the allegations?
#2
Why has the system contracted by 18 units (11.5%) over the past 3 years, and what is the franchisor's growth strategy to reverse this trend?
#3
Given the 9.3% annual closure rate, can you identify the primary reasons franchisees are exiting (e.g., profitability issues, location challenges, market saturation)?
#4
Gross sales averaging $559,357 are significantly below typical QSR franchise performance. What are the unit economics, and what profit margins are franchisees typically achieving?
#5
Your royalty rate of 7% is above the typical 5-6% range for QSR franchises. How does this compare to direct competitors, and is there flexibility in negotiating this rate?
#6
The technology fee of $70/month is substantially lower than typical ($110-408). Does this cover all required technology systems, or are there additional software/equipment costs franchisees must absorb?
#7
The franchise agreement requires binding arbitration in Los Angeles. What happens if a franchisee cannot afford to travel for arbitration, and are virtual proceedings available?
#8
The agreement lists 16 non-curable defaults versus only 1 curable default category. Can you specify which default categories allow a cure period and which do not?
#9
Personal guarantees are required from franchisees and their spouses for all obligations. Can this guarantee be limited in scope or amount, or is it mandatory as written?
#10
The total potential contract term is 35 years (15 initial + 2 x 10 renewal). What triggers renewal, what is the renewal fee ($10,000 stated), and can terms be modified at renewal?
#11
Territory is designated as non-exclusive with no encroachment protection. Does this mean the franchisor can open competing units near your location, and if so, how close?
#12
With a 5-day cure period for payment defaults and 10-day maximum for other defaults, how much advance notice do franchisees receive before notice is delivered?
#13
Can you explain the Support & Training score of 80 (below the 90-100 typical range) and what specific training and ongoing support gaps may exist?
#14
What is driving the System Health score of 32 (significantly below the typical 50-75 range), and what operational issues does this indicate?
#15
Are there any Item 19 financial performance claims or AUV data available that would help assess realistic profit potential for new franchisees?
#16
Of the 7 unit transfers in the past year, what were the sale prices and did the franchisor approve/facilitate these transactions?
#17
Given the pending litigation case, is there any business interruption risk, potential liability exposure, or operational changes that may result from the lawsuit?
#18
What market conditions or competitive factors are driving the net -5.15% unit growth in the past year, and has the franchisor adjusted its support or marketing strategy in response?
#19
The termination rate is 0% and non-renewal rate is 0%, which suggests all exits are voluntary. Do you actively encourage struggling franchisees to exit, or do you have a turnaround support program?
#20